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State Supreme Courts Lose Ground on Diversity

July 24, 2019, 11:27 AM

State supreme courts are less diverse than they were a generation ago, according to a new report from the progressive Brennan Center.

Significantly Underrepresented: Individuals of color, who make up nearly 40% of the national population, hold just 15% of state high court seats. For women, the number is 36%.

Judicial Elections: The report says judicial elections, popular in many states, are a major culprit. Since 1960, only 17 minority judges—or 4% of all elected judges—first reached the bench via judicial elections, it noted. Kimberly Robinson has the story.

TOP STORIES

Squeeze on Fees: How Examiners Keep Bankruptcy Advisers in Check
The lawyer needed a dress shirt for an out-of-town bankruptcy proceeding, so he spent about $120 on his way into town. His real mistake was trying to get the bill past Nancy Rapoport. Rapoport is one of a dozen or so practitioners around the country appointed to monitor fee applications by the attorneys, investment bankers and other specialists retained in the biggest bankruptcy cases.

Penn Law’s Wax Says She Has ‘No Plans’ to Leave School
Penn Law Dean Ted Ruger has said tenured professor Amy Wax’s recent remarks on race were “repugnant to the core values and institutional practices” of the university, but she said she is not planning to leave the school despite widespread calls for her to step down from teaching.

Deloitte U.K. Legal Bulks up with Hire from Squire Patton Boggs
The legal division of Deloitte’s U.K. branch has announced two new partners, including former London-based Squire Patton Boggs attorney Liz Pierson and the former managing partner of British firm Travers Smith.

N.C. Settles ‘Bathroom Bill’ Suit, Workplace Bias Claims on Hold
North Carolina officials are barred from preventing transgender people’s access to public restrooms and changing rooms that match their gender identity, under a federal court settlement.

PRACTITIONER INSIGHTS

INSIGHT: How Legal Teams Can Keep Up with Regulators Using Fraud Analytics
Federal regulators are relying on forensic analytics technology to support enforcement actions and legal teams should be ready to respond in kind to enforcement requests. Shuba Balasubramanian, Deloitte Risk and Financial Advisory principal, examines what could be preventing many legal teams from fully taking advantage of everything analytics has to offer.

INSIGHT: The Rise in Trade Secret Litigation and New Investigation Trends
The number of case filings involving trade secret theft has risen since the passage of the Defend Trade Secrets Act. FTI Consulting’s Daniel Roffman examines five trends that have emerged and critical steps counsel should take in order to optimize recovery and prevent investigative costs from skyrocketing.

INSIGHT: Cryptocurrency Has Washington’s Attention, But Beware Overregulation
Recent House and Senate hearings on Facebook’s crypto proposal show Washington is paying close attention to regulation issues. Legal and policy experts from Hogan Lovells warn that overregulation, as proposed in a draft House bill, could stifle innovation in the field.

IN CASE YOU MISSED IT


Supreme Court

GE Urges Justices to Turn Down Golf Course Cleanup Case
The General Electric Co. told the top court it should decline to review a cleanup suit by a golf course owner under the Resource Conservation and Recovery Act.

Legal Profession

BakerHostetler Hires Ex-FTC Official From Cooley
BakerHostetler has hired Marc Schildkraut, the former assistant director of the Federal Trade Commission’s Bureau of Competition, from Cooley as a partner in its Washington office.

McDermott Adds N.Y. Transactional Lawyers from MoFo, Kirkland
Morrison & Foerster partner Ze’-ev Eiger and Kirkland & Ellis associate Patrick Rowe have joined McDermott Will & Emery’s transactions practice group in New York City.

Case Alert

Muslim Inmate’s Dietary Challenge Partially Revived by 11th Cir.
A Muslim inmate may proceed with his constitutional claims that his former prison failed to provide sufficiently wholesome meals within his dietary restrictions, the Eleventh Circuit said.

Gun Seizure After Owner’s Husband Civilly Detained Upheld
San Jose, Calif., didn’t violate a woman’s constitutional rights when it seized a dozen firearms from her home after her husband’s “acute mental health crisis” and threat to shoot up schools, the Ninth Circuit ruled.

Ex-Pimco Chief Hints at College-Scam Defense: Gifts, Not Bribes
Douglas Hodge, the former Pimco chief accused of using a middleman to cheat his kids’ way into elite colleges, offered a glimpse of his defense: He made donations, not bribes.

Asylum Seekers Have Right to Bond Hearings for Now, Court Says
Immigrants who sought asylum in the U.S. have a right to a bond hearing for now, an appeals court in San Francisco ruled in refusing to pause a federal judge’s order that banned the government from detaining the people indefinitely.

Zamboni Operator Loses Disability Discrimination Suit on Appeal
The former head mechanic and maintenance supervisor of an Indiana ice rink failed to show that his employer discriminated against him due to his disability, a federal appeals court ruled.

Tennessee Gas Easement Compensation Dictated by State Law
State law will decide how much compensation Tennessee Gas Pipeline Co. must pay for an easement over private property, the Third Circuit said.

Ford Revives Appeals Fight on Transit Connect Van Import Duties
Ford Motor Co. isn’t giving up after a federal appeals court rejected its challenge to a tenfold increase in duties on imports of vans made in Turkey.

Tibet’s Board Observers Not Liable for IPO Omission
Two men who worked on Tibet Pharmaceuticals Inc.'s initial public offering aren’t liable for its registration statement’s omission of a default judgment because they’re nonvoting board observers, the Third Circuit ruled.

Also in the News

Travelers Joins Insurers Griping About More Aggressive Lawsuits
Insurers are taking aim at the U.S. love of litigation.

Banks, Money Managers Get a Break From 401(k) Self-Dealing Suits
Financial companies may finally be getting a break from defending their 401(k) plans in court.

WORKFLOWS


Greenberg Traurig’s Denver office added shareholder Michi Tsuda and of counsel Mimi Hu Brouillette to its Health Care & FDA Practice from Squire Patton Boggs | Blank Rome hired Dominique L. Casimir as a partner in the government contracts group in Washington from Arnold & Porter Kaye Scholer | Cozen O’Connor said Ariel S. Holzer has joined its National Real Estate Practice Group as counsel in midtown Manhattan from GoldmanHarris LLC | Pillsbury hired Cassandra “Cassie” Lentchner, former deputy superintendent of compliance at the New York Department of Financial Services, as senior counsel to the firm’s public policy practice | Polsinelli recently added Joshua Reynolds as a principal to the Corporate and Transactional Group in San Francisco; Todd W. Betke as a shareholder in the Securities & Corporate Finance Practice in Washington; and David A. King as a shareholder to its Health Care Litigation and Disputes Practice in Nashville, Tenn. | Squire Patton Boggs announced that Danielle Asaad has joined as partner in the Global Corporate Practice, based in the Cleveland and New York offices from Jones Day | Arent Fox has expanded its Privacy, Cybersecurity & Data Protection practice with the addition of partner Julia B. Jacobson to the Boston office.

To contact the editors responsible for this story:John Crawley at jcrawley@bloomberglaw.com;Jessie Kokrda Kamens in Washington at jkamens@bloomberglaw.com; Rebekah Mintzer at rmintzer@bloomberglaw.com

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